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Professional Advice

Foro Seguro de Hogar: Humedades en la pared

Anne G.

Hello.

Last May I opened a claim against my insurance for damp on the wall. The assessor came for the inspection but he just took 2 pictures and nothing else. Afterwards, the plumber came and opened the wall, gets to fix the pipe but then he stated that the installation was wrong. We ask them to change it and that we will pay the difference, and he refused and closed the wall.

We cannot paint because the wall is not dry. Right now we have the same spot, on the same site. We called the Insurance Company and they told us that we are not cover and that they have sent us a burofax where they make us responsible for changing the installation.

On the Telephone they tell us that the assessor proposed us to make the connection with the Insurance Company, something like that they will make us a quote for the change of the installation, but this is impossible because we he came the wall as still closed.

If we are sure that the damp comes from the same section, which was not well repaired can we do something?

Moderator, Sergio Sanguino

Hi Anne,

I understand that what happened is that with the hole at the wall the plumber found a broken piece of pipe, and when you say that the installation is wrong you mean that there is widespread corrosion in the pipeline. He repaired the damaged section and closed the hole leaving the painting pending.

I understand that the procedure is abnormal; they must send a plumber first (If the assessor goes first the only thing he can do is to take a photograph of the wall and order a plumber opening a hole to locate the breakdown). Once detected the breakdown, and understanding that the pipe has corrosion (it is rotten) they should have advise you about the obligation to change the system with corrosion particularly since Insurance Companies usually attend the first case of corrosion, but not the following. As the insured already knows about the poor condition of the pipes (this is when the expert must go to the house to explain to the insured the procedure) the Insurance Company excludes claims for lack of maintenance. As we cannot know the situation of the pipe until you make a hole and it is revealed, the first case will be covered for corrosion but they warn you that you must change the installation or the following claim will not be covered)

In this case the solution is opening a new hole on the wall and to locate the break down. If it is located in a new area the Insurance Company can reject the claim as they warned you about the poor condition of the pipeline, but if the fault was in the same place where the previous break down took place, you could claim that the repairs were not well done (it is difficult for a repaired rusted pipe to lasts over time)

I hope this helps.

Kind regards.

 

Foro Comunidad de Propietarios: Que conste en Acta

Antonio Ruiperez 

I’m an owner in a residential complex in Torrevieja, the reason of my question is that I sent the President a letter so he read it at the venue and included it in  the minutes of the general meeting, is the President obliged to do it?

 

Administrator;  Juan López

 

Hi Antonio.

 

No, he isn´t.  The information obliged to be writen in the minutes is each agreement made, but not every mention of what happened at the venue.

Foro Seguro de Hogar: ¿Quién decide la inhabitabilidad?

Susan J.

Hi,

My neighbour insured through MAFRE has caused a water leak that has affected my whole corridor. The parquet´s technician sent by Mapfre said that to fix it (after replacing the damaged boards) it will take a whole day for slashing and varnishing. As these repairs will cause dust and odor to all rooms and bathrooms (in the corridor) I told the parquet´s technician that on the next day I want to be paid for a hotel (so I can vent and clean that area) This is because we have 2 children (one of them is a baby) so it seems fair to me.

My surprise was that when the Mapfre representative called me, he told me that the policy will only cover me for one day as the parquet´s technician will go from 9:00 am, ends of painting for the evening and on the next day the whole family can be on the floor.

My question is: how is it possible to refuse the 2nd day of Non-habitability?

If so, I will enforce them to fix the hallway in 2 half days (mornings) so I make sure everything is dry on the 3rd day when I come home and at least it will be vent and with no dust.

May I have your advice? Thank you.

Name moderator to answer

Moderator, Sergio Sanguino

Hi Susan,

To know the exact time of drying for varnishing the parquet it would be necessary to know the type of paint used and even if you used an accelerator to speed it up. Certainly, it may be allowed at least one day after the varnishing for non- habitability as vapors are arising there from varnishing, and more so if there is a baby living in the house.

I understand your proposal for Non-habitability of two days (one for the works and one for drying varnish…) and it looks reasonable as there could be a general extension to a third day for non-habitability in this sort of claims.

If Mapfre refuses to expand one more day the non-habitability cover, I understand that you can claim on your own Insurance Company. They can take charge of the damages produced and then claim to Mapfre on your behalf. Nevertheless, some Insurance Companies may not want to offer you this service as you are not liable for the claim or responsible of the cause of the damage (this is not appropriate, because the insured has water damage guarantee so they must attend and then claim to the responsible or use the legal assistance guarantee eventually)

In conclusion,

1st. Try and call to Mapfre, and if the representative does not listen to your queries ask for the Head of the department, because the attention requested is completely normal.

2nd Should you not achieved anything and still decide to go to a hotel or similar, invoices for hotel, restaurant, etc. .Are needed (you can only claim on costs incurred and duly justified and the cover would not be effective in case you are going to some friends or family house)

3rd Open a claim with your Insurance Company which as noted above should attend you and then claim on Mapfre.

4th In case your Insurance company does not access to pay the costs incurred then tell them to open a claim for legal assistance so you can claim Mapfre for the expenses on the 2nd day.

I hope this helps,

Kind regards.

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